General Property Law
What is property law?
Answer: Property law deals with the ownership, use, and transfer of real estate and personal property to ensure legal rights and responsibilities.
What are the types of property?
Answer: Property is categorized into two: real property, which includes land and buildings, and personal property, which are movable items such as vehicles or jewelry.
What is the difference between freehold and leasehold property?
Answer: Freehold refers to the permanent rights of an owner to a property, whereas leasehold indicates the rights are not permanent because they are only for a term through a lease agreement.
Also read:
- https://truelegalexpert.com/25-property-law-faqs-for-buyers-sellers-and-landlords/
- https://truelegalexpert.com/30-key-questions-about-property-ownership-and-disputes-answered/
- https://truelegalexpert.com/40-detailed-faqs-on-property-law-for-legal-and-real-estate-issues/
What are property rights?
Answer: Property rights are ownership, use, transfer, and exclusion rights that enable the owner to exercise control over the property within law.
What is a title?
Answer: A title is proof of property ownership through a legal document.
Buying and Selling Property
What is a deed?
Answer: A deed is a document that transfers property ownership from one person to another.
What is a title search?
Answer: A title search checks public records to ensure that the seller owns the property outright and there are no liens or claims against it.
What is escrow in real estate transactions?
What is escrow?
A neutral third party holds funds and documents until all conditions of a property sale are met.
What is a property survey?
The definition of survey
Determines property boundaries, size, and encroachments to ensure accurate ownership details.
What is a warranty deed?
The definition of warranty deed
Guarantees the seller has clear ownership and the right to transfer the property without undisclosed claims.
Ownership and Rights
What is joint tenancy?
Answer: Joint tenancy is a form of co-ownership where two or more people share equal ownership and have rights of survivorship.
What is a tenancy in common?
Answer: A form of co-ownership where each person owns a specific share of the property, which may be transferred to heirs.
What are easements?
Answer: Easements are legal rights for someone to use another person’s property for a specific purpose, such as access to utilities or a shared driveway.
What is adverse possession?
Answer: Adverse possession allows someone to claim ownership of property they’ve used openly and continuously without permission for a set period.
What is zoning, and how does it affect property?
Answer: Zoning laws control land use, which defines how property may be used-for example, residential, commercial, industrial.
Conflicts and Resolution
What is a property lien?
Answer: A lien is a legal right against property to secure a debt, which has to be cleared before the sale of the property.
How do boundary disputes get resolved?
Answer: Boundary disputes are resolved through property surveys, negotiation, mediation, or legal action.
What is eminent domain?
Answer: Eminent domain is the government’s right to take private property for public use, but it must compensate the owner.
What happens in a foreclosure?
Answer: Foreclosure is the process where a property owner fails to pay a mortgage, and the lender can seize and sell the property to recover the debt.
What is a quitclaim deed?
Answer: A quitclaim deed transfers a property owner’s interest without guarantees about clear title or liens, often used between family members.
Key Takeaways
Understand Property Rights: Knowing your rights as an owner or buyer is essential to avoid disputes.
Conduct Due Diligence: Title searches, surveys, and escrow protect your interests during property transactions.
Seek Professional Help: Consult property attorneys or real estate professionals to navigate complex legal matters.
These questions and answers form a base for understanding property law and the resolution of common issues related to ownership, transactions, and disputes.